Pratt v Bindaree Beef Pty Ltd

[2024] NSWPIC 386

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Pratt v Bindaree Beef Pty Ltd [2024] NSWPIC 386

APPLICANT:

Pamela Pratt

RESPONDENT:

Bindaree Beef Pty Limited

MEMBER:

Gaius Whiffin

DATE OF DECISION:

18 July 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for injury to left ankle with consequential conditions to lumbar spine, left hip, and right hip alleged to result from the left ankle injury; chronic pain; claim for compensation pursuant to section 66; consideration of applicant’s statements, medical reports, other treatment records, and claim correspondence; whether the applicant sustained consequential conditions to her lumbar spine, left hip, and right hip resulting from the accepted left ankle injury sustained; how the terms of the referral to medical assessment of the applicant’s chronic pain should be worded; Chapter 17 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed, 1 March 2021; Sakr v Merrylands Christian Preschool Association Inc, Kumar v Royal Comfort Bedding Pty Ltd, Kooragang Cement Pty Ltd v Bates, Moon v Conmah Pty Ltd, Nguyen v Cosmopolitan Homes, Drca v KAB Seating Systems Pty Ltd, and Arquero v Shannons Anti Corrosion Engineers Pty Ltd considered; Held – the applicant has sustained consequential conditions to her lumbar spine, left hip, and right hip resulting from the accepted left ankle injury which she sustained; matter remitted to the President for referral to a Medical Assessor to determine permanent impairment.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant has sustained consequential injuries to her left hip, right hip, and lumbar spine, resulting from the accepted left ankle injury which she sustained on 6 May 2016.

The Commission orders:

1. I remit this dispute to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998, for assessment as follows:

(a)    date of injury: 6 May 2016;

(b)    body systems/parts:

(i)     left lower extremity (ankle and hip),

(ii)    right lower extremity (hip),

(iii)   lumbar spine,

(iv)   chronic pain (to be assessed if found in accordance with Chapter 17 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed, 1 March 2021 - but noting that the respondent disputes that chronic pain could be found), and

(c)    method of assessment: whole person impairment.

2.     The documents to be reviewed by the Medical Assessor are:

(a)    the Application to Resolve a Dispute and attached documents;

(b)    the respondent’s Reply and attached documents;

(c)    the applicant’s Application to Admit Late Documents dated 27 June 2024 and attached documents;

(d)    the respondent’s Application to Admit Late Documents dated 26 June 2024 and attached documents, and

(e)    this Certificate of Determination.

STATEMENT OF REASONS

BACKGROUND

1. Pamela Pratt (the applicant) is 63-years-old. She was employed by Bindaree Beef Pty Limited (the respondent) as a quality assurance officer, when she sustained an injury to her left ankle on 6 May 2016.

2. The respondent has accepted that this injury is…